Pubdate: Tue, 10 Apr 2001
Source: Associated Press
Section: Domestic News
Copyright: 2001 Associated Press
Details: http://www.mapinc.org/media/27
Author: Michelle Locke, Associated Press Writer
Note:  Links provided with article - Kamena's site, 
http://www.paulakamena.com - Marijuana Policy Project: http://www.mpp.org - 
Drug Enforcement Administration: http://www.usdoj.gov/dea/

CALIFORNIA MARIJUANA ADVOCATES TARGET A COUNTY PROSECUTOR

SAN RAFAEL, Calif. - In most places, district attorneys are bounced out of 
office if they appear too soft on crime. In this liberal county, that logic 
could be reversed.

Marin County District Attorney Paula Kamena faces a recall vote on May 22 
in part because advocates of medical marijuana argue she is too tough on 
marijuana smokers.

At issue is Proposition 215, the law approved by California voters in 1996 
that allows people to use marijuana for medical purposes provided they have 
a doctor's permission.

Implementation of the measure has proven difficult, however, since it is 
vague on where patients can get marijuana, how much of it they can possess 
and who is qualified to grow it.

County officials have varied widely in how they approach the issue. Some 
work closely with distribution clubs that sprang up after Proposition 215 
passed and others take a harder line.

Kamena says she's been unfairly painted as a pot prosecutor. Since she was 
sworn in as Marin County district attorney in January, 1999 medical 
marijuana cases have made up a tiny percentage of her office caseload - 73 
out of more than 30,000 - and most were dismissed or ended in plea bargains.

Kamena says she's declared that her office won't prosecute if individuals 
have no more than six mature or 12 immature plants and a half-pound of dry 
marijuana.

But opponents say, far from being lenient, Kamena's guidelines follow 
federal law, which considers marijuana a contraband and effectively gives 
police a license to confiscate it, whether or not they make arrests.

"Every joint, every gram, every leaf, anything they can get their hands on, 
it's 'Ha, ha, ha, the DA says this is all against federal law,"' says 
Lynette Shaw, director of the Marin Alliance for Medical Marijuana and a 
leader in the recall campaign. "It's been really mean, and it's hurt the 
health of hundreds of people."

The alliance, based in the small town of Fairfax, doesn't just want to get 
rid of Kamena. It has a list of five other county prosecutors organizers 
want turned out of office.

"This could be the start of something," says Chuck Thomas, spokesman for 
the Washington, D.C.-based Marijuana Policy Project, which is not involved 
in the recall.

Kamena says the problem is that Proposition 215 is "very convoluted and 
very complex. It is, in short, a mess. The idea of people who are ill who 
can benefit from marijuana - I don't have an issue with that at all."

Dennis Peron, who wrote Proposition 215, disagrees. "The only people who 
have any trouble understanding the law is the cops and the district 
attorneys. What it is they don't understand is compassion," he said.

In Marin County, a liberal enclave of stunning views and breathtaking home 
prices just north of the Golden Gate Bridge, Proposition 215 passed with 73 
percent of the vote. Eight other states have authorized the use of medical 
marijuana.

The recall petition against Kamena began on a quite different issue; it was 
started by parents angry about child-custody cases in Marin courts. That 
drive fizzled, but medical marijuana advocates later took up the cause, 
getting enough signatures to force the election, which is expected to cost 
$500,000.

The wording of the petition remains limited to the child-custody complaint 
and Tom Van Zandt, a patent attorney, is running for the job if Kamena is 
turned out of office.

Forced to campaign a year ahead of schedule, Kamena has been busily listing 
her achievements, including working to improve official response to sexual 
assault victims and opening a center where children who may have been 
sexually abused can be interviewed in a homelike setting.

"The question is, 'Do I deserve to be fired?' And my answer is, 'Absolutely 
not."' Kamena says.
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